Marcus Johnson

[Walter White.sixpack]

I'm pleased with him as a MSU coach. Especially his recruiting. I think the OL had to learn a new scheme and we did see a few times a tackle got embarrassed. But overall I'm really pleased with Coach Johnson and how he's running his squad.

My question is about his contract. Of course we remember a lot of people were hesitant about hiring a former OM player. But Coach Johnson has proven to be a good hire. But does anyone know if his contract is set up in any way to prevent him from leaving MSU for OM? Is that even legal in contract law?

I ask because when talking with OM friends many mention Coach Johnson as one of their targets in the near future. They love his recruiting acumen and hate that he's recruiting against them (esp as a former Rebel). There's now some smoke that UNC/Longo might be trying to get Bicknell to leave Oxford. So it made me wonder.

Again, glad he's a Bulldog and hope he's one for a long while.

 

[Trojanbulldog19]

Really? His group was probably 2nd worse behind receivers. We actually had some good guys there too unlike receivers. He is like the exact opposite of Hevesy so far. Better recruiter but worse at coaching up the position and in game adjustments.

 

[Leeshouldveflanked]

We need a Hevesy/Johnson combo**
Iowa’s DL whipped our OL for the most part and so did UK, Florida, LSU and Bama.

 

[kired]

But honestly- most of those had more talent at DL than we did at OL. They should have whipped us.

 

[msstate7]

But honestly- most of those had more talent at DL than we did at OL. They should have whipped us.

Maybe. We have 2 olinemen in the top 2 rounds of most mock drafts right now. We have some talent

 

[Willow Grove Dawg]

Jenkins will be 1st or 2nd this year, hopefully Williams comes back to school and is a 1st round pick next year, and Calhoun should also be drafted

 

[MSUDawgFan86]

Maybe. We have 2 olinemen in the top 2 rounds of most mock drafts right now. We have some talent

Neither one are tackles. Tackle is where the struggle was.

 

[bddawg]

I'm pleased with him as a MSU coach. Especially his recruiting. I think the OL had to learn a new scheme and we did see a few times a tackle got embarrassed. But overall I'm really pleased with Coach Johnson and how he's running his squad.

My question is about his contract. Of course we remember a lot of people were hesitant about hiring a former OM player. But Coach Johnson has proven to be a good hire. But does anyone know if his contract is set up in any way to prevent him from leaving MSU for OM? Is that even legal in contract law?

I ask because when talking with OM friends many mention Coach Johnson as one of their targets in the near future. They love his recruiting acumen and hate that he's recruiting against them (esp as a former Rebel). There's now some smoke that UNC/Longo might be trying to get Bicknell to leave Oxford. So it made me wonder.

Again, glad he's a Bulldog and hope he's one for a long while.

He has a 2 year non compete w all sec schools.

 

[Dawgzilla]

Is that even enforceable under Mississippi law? I don't practice in Mississippi, but I'm not sure there is any reason to enforce a non-compete agreement against a coach, and certainly not for longer than 1 year.

 

[campshelbydog842003]

His group was not asked to block for long developing pass plays under Mullen. Their lackluster play in pass blocking was due to the scheme change. They were very good run blockers this year, just like they always have been. That’s what this team was built to do.

 

[msstate7]

Neither one are tackles. Tackle is where the struggle was.

We went from #5 in sacks allowed last season to #51 this year. We attempted 353 passes in 2017 and 323 this year. Tackles weren't an issue last season. Rankin missed what 7 games, so not like he was only difference

 

[campshelbydog842003]

We went from #5 in sacks allowed last season to #51 this year. We attempted 353 passes in 2017 and 323 this year. Tackles weren't an issue last season. Rankin missed what 7 games, so not like he was only difference

Our passing offense last year was short and intermediate throws that came out quickly. This offense is based on the deep ball. That’s a big difference with the type of OL we have.

 

[Go Budaw]

Is that even enforceable under Mississippi law? I don't practice in Mississippi, but I'm not sure there is any reason to enforce a non-compete agreement against a coach, and certainly not for longer than 1 year.

Why would it not be enforceable? I doubt it would be in his contract if it wasn’t. I also don’t think we would have hired him without him agreeing to it.

 

[Dawgzilla]

I doubt that it is in his contract. Courts generally prefer that people be free to work wherever they want, so any restraint on trade is subject to being unenforceable unless it is tied to a legitimate business interest. If it is enforceable, there usually have to be tight limitations on geographic scope and time, and there is usually a 1 year maximum. Again, I don't practice in Mississippi, but I have litigated similar employment contract terms in Alabama, Georgia, and Tennessee. Maybe it is allowed in Mississippi.

If you have an employee who is so valuable that you do not want him to go work for your competition, then you should treat and pay them well enough that they don't want to leave. But some employees have had access to confidential information or other protectable interests that you legitimately do not want shared with your competitors, and you might be able to tie them down with limited non-compete agreements.

Your top sales people have access to your customer lists and pricing policies, and they have developed relationships with your customers at your expense, so you may be able to prevent them from working for your direct competitor for a limited time. Similarly, an R&D or manufacturing employee, or someone in a high ranking position, may have had access to trade secrets or secret business plans that should not be shared with your competitor. These people can be tied down to a non-compete, but only if it is reasonable in scope.

I really cannot see a coach having this type of protectable information. Coaching X's and O's are not protectable interests, and they aren't even business related. The only thing I could see protecting is the relationships with recruits, and it seems like a 1 year non-compete would be plenty to overcome any concerns in that area.

 

[StatesboroBlues]

I doubt that it is in his contract.

Brett Hudson just wrote about this very thing a week or so ago. He mentioned Johnson and more had 2-year non-SEC compete clauses.

 

[Go Budaw]

I doubt that it is in his contract. Courts generally prefer that people be free to work wherever they want, so any restraint on trade is subject to being unenforceable unless it is tied to a legitimate business interest. If it is enforceable, there usually have to be tight limitations on geographic scope and time, and there is usually a 1 year maximum. Again, I don't practice in Mississippi, but I have litigated similar employment contract terms in Alabama, Georgia, and Tennessee. Maybe it is allowed in Mississippi.

If you have an employee who is so valuable that you do not want him to go work for your competition, then you should treat and pay them well enough that they don't want to leave. But some employees have had access to confidential information or other protectable interests that you legitimately do not want shared with your competitors, and you might be able to tie them down with limited non-compete agreements.

Your top sales people have access to your customer lists and pricing policies, and they have developed relationships with your customers at your expense, so you may be able to prevent them from working for your direct competitor for a limited time. Similarly, an R&D or manufacturing employee, or someone in a high ranking position, may have had access to trade secrets or secret business plans that should not be shared with your competitor. These people can be tied down to a non-compete, but only if it is reasonable in scope.

I really cannot see a coach having this type of protectable information. Coaching X's and O's are not protectable interests, and they aren't even business related. The only thing I could see protecting is the relationships with recruits, and it seems like a 1 year non-compete would be plenty to overcome any concerns in that area.

Well I guess the question is if it’s a “hard” non-compete that opens up civil litigation if violated, or if it is just a clause that escalates his buyout if another SEC school hires him. I always thought non-compete clauses were fairly common in college football coaching contracts. In fact, it was widely reported that talks between Mark Hudspeth and Ole Miss broke down before the Freeze hire after Hudspeth’s refusal to sign a non-compete with MSU.

 

[8dog]

Its just a game of chicken. Put it in the contract and see if someone is willing to call you on it. The. You have to decide whether to pursue it in court. Its mostly effective bc no one wants to litigate it regardless of whether they think it will be struck down

 

[AlCoDog]

I’m Neal McReady regarding Marcus Johnson.

 

[Dawgzilla]

The same Brett Hudson who was just fired for his performance?

I'm just asking if anyone knows whether such a clause is enforceable under Mississippi law. I remain highly skeptical.

 

[Dawgzilla]

Yeah, but we are talking about assistant coaches here. Most of them only have 1 year deals anyway, so there wouldn't even be a buyout. I really don't see why would would care if an assistant coach went to another SEC school.

But yeah, there have been head coach contracts where the buyout was raised or lowered if certain schools came calling.

 

[StatesboroBlues]

The same Brett Hudson who was just fired for his performance?

I'm just asking if anyone knows whether such a clause is enforceable under Mississippi law. I remain highly skeptical.

Yes...the same but the reason seems to be laughable if it actually comes down to his performance. We even have an MSU athletic Department employee questioning the firing, MSU athletes, and hundreds of fans from what it would like like on Twitter.

As for as being enforceable...no clue, but I wouldn’t doubt a monetary factor would be a part of said agreement.

 

[Dawgzilla]

They're usually not very effective, particularly if the clause is unenforceable on its face. If two years is too long under Mississippi law, then the clause is no good. The court will not rewrite the contract and change it to 1 year, the clause will just be stricken.

The way this usually works is, the new employer decides whether it thinks the clause is enforceable, and then they hire the guy (the hiring employer cares, because they don't want to hire someone and have the court tell them the employee can't work there). Then its up to the former employer to try to enforce the clause in court. If the employee is really valuable, the hiring employer might even agree to pay the legal fees.

 

[LawDawg97]

Yes

I'm just asking if anyone knows whether such a clause is enforceable under Mississippi law. I remain highly skeptical.

As long as it’s reasonable in time and scope. If challenged the court reviews whether it is a reasonable restriction by the employer and not unduly burdensome on the employee. 2 years and a 13 school limitation may pass that test, but like anything it can be challenged.

 

[Dawgzilla]

Yeah, there is always a reasonableness standard, but is 2 years ever really reasonable in Mississppi? 1 year seems to be the max everywhere. I also question whether a coach represents a protectable business interest that can even be subject to a non-compete, but that probably wouldn't be resolved by an injunction hearing.

 

[LawDawg97]

Yeah, there is always a reasonableness standard, but is 2 years ever really reasonable in Mississppi?.

Yes, it can be. Depends on the situation. 2 years can be reasonable in one case, and a year can be unreasonable in another. You should know it’s all about the argument the employer can make and the judge/arbitrator you’re dealing with. If the employee loses, by the time it gets appealed the time period has run anyway and you’re probably just dealing with damages at that point.

 

[HD6]

He wasn't fired because he wrote inaccurate articles. Just accept that its true, how many times do you need to hear it?